Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Last year with the help of some many on this site we managed to stop
A & L taking a charge over our property.
March 1st, I have received a Court Claim Form. A & L have decided to have another go.
Firstly, I do have it in writing that they are unable to produce a CCA.
The judge ruled that A & L had abuse the Court system, and threw it out. (October 07)
Secondly, I could just fill the admission form in and as both my husband and I are retired, there is not a lot of money coming in, I could offer to pay £25 per month, which is what I was paying in January 07, untill they decided to go for a Charging order.
Thirdly, we are actually about 5 weeks into the selling of our house,so I need to stop them from putting a charging order on the house.
I anticipate that it will be another 4 weeks before everything is finalised Once we move we are going into rented accomadation, so they won't be able to go for a charging order after this.
If I go for the second option, and suggest a small payment, I am admitting that there was a loan, and as they can't produce a CCA they really have'nt a leg to stand on.
I NEED TO FILL THESE FORMS IN BY 14TH MARCH
ALL SUGESTIONS REALLY WELCOME AS IM HAVING SLEEPNESS NIGHTS AGAIN,
This is my story from last year its a bit of a long read but is useful
Did you get a Notice of Discontinuance from the court for your last effort, if not then QUOTE the previous court case on the documentation, stating that this case is "vexatious litigation" and ask for it to be brought to the Judge fairly quickly.
I have a General fom of Judgement or Order
Which states
Before District Judge -----
Upon the hearing the solicitor for the claimant and the defendant in person.
And upon the Claimant having a discontinued its proceedings, by notice 17th April 07.
IT IS ORDERED THAT
1 The claimants application dated 8 June 07 is struck out as an abuse of process.
2 The application for charging order is struck out as an abuse of process and the interim charge is discharged
3. For the avoidance of doubt the judgement entered proir to discontinuance is set aside.
Reason
The claim was discontinued. Fresh proceedings would be required to pursue any further remedy not the re-instatement of the same proceedings.
4 Oct 07
is
I didnt here anything else from them untill the other day.
Lynn
PS Could you explain what "vexatious litigation" means sorry If im being a bit thick
vexatious litigants are people who persistently abuse the court process and are eventually barred from issuing proceedings. There is a list on the HMCS website somewhere.
BANK CHARGES
Nat West Bus Acct £1750 reclaim - WON
LTSB Bus Acct £1650 charges w/o against o/s balance - WON
Halifax Pers Acct £1650 charges taken from benefits - WON
LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA
DCAs
Lowells/Capital One - no CCA - gone away £1500
Lowells/MBNA - no CCA - gone away £10K
Abbey - no CCA - £3.5K
CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC
Others
GE Money sec loan - £1900 in charges - settlement agreed
GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
FirstPlus - missold PPI of £20K for friends - WON
I think A&L have absolutely no chance of succeeding. I think a very cutting response to them and notifying the court that they are wasting valuable court time is on the cards.
After all, if your completion date is so close there is no way they could get a charging order even if they did have a valid claim against you.
I am not very conversant with 'court speak' but sure that someone can come up with a suitable response - obviously you want to fully defend the claim on the basis that they have already been kicked out of court. They really are chancing their luck - do you think it is a case of 'left hand, hello this is right hand calling'?
BANK CHARGES
Nat West Bus Acct £1750 reclaim - WON
LTSB Bus Acct £1650 charges w/o against o/s balance - WON
Halifax Pers Acct £1650 charges taken from benefits - WON
LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA
DCAs
Lowells/Capital One - no CCA - gone away £1500
Lowells/MBNA - no CCA - gone away £10K
Abbey - no CCA - £3.5K
CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC
Others
GE Money sec loan - £1900 in charges - settlement agreed
GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
FirstPlus - missold PPI of £20K for friends - WON
Thanks for advise Goldlady, Iv think I will defend the case as I have nothing to loose now once the house is sold, they can't get blood out of a stone can they.
Any other advise or opinions before I fill in forms would be appreciated
Well for now tell the court that you will be fully defending the claim, which gives you another 14 days to prepare a suitably acidic defence. I am sure there are several people on here who will help you find the right words
BANK CHARGES
Nat West Bus Acct £1750 reclaim - WON
LTSB Bus Acct £1650 charges w/o against o/s balance - WON
Halifax Pers Acct £1650 charges taken from benefits - WON
LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA
DCAs
Lowells/Capital One - no CCA - gone away £1500
Lowells/MBNA - no CCA - gone away £10K
Abbey - no CCA - £3.5K
CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC
Others
GE Money sec loan - £1900 in charges - settlement agreed
GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
FirstPlus - missold PPI of £20K for friends - WON
In May l2007 I was threatened with a charging order on the house
from A & L. With all the help I received on this site, to which I am forever truly gratful, we won the case & A & L had to start all over again.
This has happened, I am at the stage were I have sent my defence.
A & L had 28days from 31st March. I rang the Court last Friday 9th May and the Court informed me they actually have 33 days for them to take further action.This time has now passed.
The letter received from the court says "quote after this period has elaspsed the claim wil be stayed, the only action the Claimant can then take will be to apply to a Judge for an order of lifting the stay.
Please can anyone help with an explanation of the above in laymans terms, and is there anything I should do.
Can anyone help me?!
I started a claim against A&L in Feb 2007 to which they used stalling tactics all the way - a hearing was due last August but then a stay was put on it. I now want to try and get this stay lifted due to financial hardship but am unsure how to start. The courts have said I can apply to the judge and it will cost £75 but this very helpful website says to write to the banks CEO first. Which is fine but I just have no idea what to put in the letter. Has anyone else done anything like this yet?
Could you please start your own thread using the New Thread button which is at the top and the bottom of the A&L forum page. This avoids hijacking another's thread. Copy and paste your post above to make your 1st post on the new thread.
Unless your hardship is caused BY the bank charges or you have other extreme circumstances, experience has shown you are most unlikely to get the Stay lifted.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
vexatious litigants are people who persistently abuse the court process and are eventually barred from issuing proceedings. There is a list on the HMCS website somewhere.
-------------------------------------------------------- Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.
Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.
If my post helped you in anyway, please click on the scales to the left.
BANK CHARGES
Nat West Bus Acct £1750 reclaim - WON
LTSB Bus Acct £1650 charges w/o against o/s balance - WON
Halifax Pers Acct £1650 charges taken from benefits - WON
LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA
DCAs
Lowells/Capital One - no CCA - gone away £1500
Lowells/MBNA - no CCA - gone away £10K
Abbey - no CCA - £3.5K
CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC
Others
GE Money sec loan - £1900 in charges - settlement agreed
GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
FirstPlus - missold PPI of £20K for friends - WON
Oh do I hear you! And would love to be able to get some added to the list, it would in effect totally ruine the business, but not put them out of business, as they'd just get another to start proceedings.
Thanks
- Hobbie
-------------------------------------------------------- Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.
Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.
If my post helped you in anyway, please click on the scales to the left.
Thanks so much for taking the trouble to help me, Solicitor wrote and informed me that they would still be taking me to Court, they have transfered it to my local court, so still waiting to here from Courts.
In answer to your questions.
1) Did you send, with your Defence, a copy of the judgement which ended A&L's last court Claim against you. Unfortunatly I did not send it
2) Roughly how much are they claiming from you and does the total they are claiming include penalty charges made to the a/c in the last 6 years. A & L Personal Loan over 5yrs for £15 000 plus approx £3.000 interest. Would have to check back to see if they applied any penalty charges.
3) Do you have the last 6 years' statements for the a/c. No, I'v never had any statements sent to me.
5) Are you willing or able to settle the debt after taking off A&L's penalty charges, when you've sold the house. We have no collateral left in the house, now in housing with association. Having had a stroke I had to give up work last year, I was prepared to continue working to help pay this debt of, but things just got worse and eventually had to give the house up. I have my pension of £98 per week to live on.
I originally agreed to pay them £25 per month in July 06 but in January 07 they got akward and told me that they wanted more money. It was then I asked for a copy of my CCA they then wrote and told me that they did not have one, and sent a coy of conditions, but with no terms on them etc.
Thanks for your guidance and help it's really appreciated.
Lynn
A & L Trying Court second time
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Originally Posted by Goldlady
